The URL can be used to link to this page

Home My WebLink AboutPZ2021-226DATE: August 5, 2021 TO: Board of Adjustment FROM: Demi Laney, Senior Planner SUBJECT: To consider a request for a Special Exception to the minimum side yard setback requirement where nonconforming buildings were in existence at the time of passage of the ordinance in an RM-H (Residential Multiple -Family Dwelling Highest Density) District. FILE: PZ2021-226 STAFF REPORT Richard Faust, Faust Engineering, has applied for a Special Exception to the minimum side yard setback requirement where nonconforming buildings were in existence at the time of passage of the ordinance for the property located at 885 Powell Street. The term "Special Exception" shall trican a deviation from the requirements of the zoning ordinance, specifically enumerated herein, which shall be granted only in the following instances, and then only when the Board finds that such Special Exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. The Special Exception, See. 28.02.005 (B) (vi), allows a waiver fron-1 the minimum interior side yard setback where nonconforming buildings were in existence at the time of passage of the ordinance. This structure was in existence in 1962 per Jefferson County Appraisal District records. Mr. Faust has applied for a minor plat and therefore requests to adjust the interior side property line to be situated 1.89' from the existing structure. By strict compliance with the City of Beaumont Zoning Regulations, the irimimurn side yard setback would be 5' for a one-story structure. Approval of this request would allow the interior side yard setback for a one-story house to be reduced from 5' to 1.89' upon final recordation with the Jefferson County Clerk's Office. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 26 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Plat F, Tracks 17, 18 & 19, out of the D Brown Survey, Beaumont, Jefferson Count),, Texas, containing 0,345 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Richard Faust PROPERTY OWNER: JOHNSON FRANK V JR ESTATE LOCATION: 885 Powell Street EXISTING ZONING: RM-H (Residential Multiple -Family —Highest Density Dwelling) PROPERTY SIZE: —0.345 acres EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Elementary School RM-H (Residential Multiple -Family ----Highest Density Dwelling) EAST: Residential RM-H SOUTH: Residential RM-1-1 WEST: Residential RM-11 COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Powell St — Local Street with a 27' right-of-way and 14'pavement width. Jackson St — Local Street with a 30' right-of-way and 25'pavement width. DRAINAGE: Open Ditch WATER: 12" Water line SANITARY SEWER SERVICE: 8" Concrete sanitary sewer line PROPERTY OWNER NO'.riCES SENT WITHIN 200' POLLARD AQUILLA R NARCISSE WANDA F GUILLORY RICHARD G JR & LESSEN LLC - 860 JACKSON MIMS RONNIE JOHNSON LINDA S JONES BILLIE MARIE PHILLIPS STEPHEN BENARD WILSON CARLA D EXXONMOBIL OIL CORPORATION JOHNSON FRANK V JR JOHNSON FRANK V JR JACKSON ST CHURCH OF GOD IN JACKSON ST CHURCH OF CHRIST DOUGLAS JAKE S III CRAIN RHONDA GREEN ARTHUR LOPEZ FRANCISCO RAMIREZ BAILEY JOSEPHINE COMPTON ET AL HUNT RANDALL WYCOFF JOHN 0 BEAUMONT ISD PHILLIPS STEPHEN BENARD MARTIN JONATHAN & LEKISHA MCCLURG JOHN & MARIA TRUSTEES OF JOHN & MARIA FAMILY T iw:: BEAUMONT Case TypecPlanningand Zoning Case Status: PAY FEES Case Sub Type: Special Exception Tag Name: Board ofAdjustment Application Case #:PZ2021'228 Initiated On: 7/14/2021 3:48:18PM Individuals listed onthe record: Applican� Richard Faust Home Phone: 40$-813-3410 5S5UEastexFreeway, Suite Work Phone: Beaumont, TX777O8 Cell Phone: 4UA'813'341U Properly Owner Kimberly Johnson Home Phone: 512-668'8093 8bO0EdBluestein Blvd..211 Work Phone: Austin, TX78723 Cell Phone: 512'85O-88A2 Case Type: Planning and Zoning Page 1o(a IL r Extend/enlarge a building occupied by N a nonconforming use on the lot or tract occupied by such building, provided that the construction does not prevent the return of the property to a conforming use the front yard setback of abutting lot N does not meet the front yard requirement or the rear yard setback of any 4 or more lots in same block do not meet the rear yard requirements Existing front yard setbacks of the N various lots in the same block are not uniform A yard exception on corner lots N Minimum front yard requirements for N owner identification signs Minimum interior side yard setback N requirement for owner identifications signs for existing businesses which were developed prior to 4/1/1981 An exception from the minimum side Y yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance. Waive/reduce off-street parking and N loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies Exception for 10 additional feet in N height for an advertising sign Notes: Case Type: Planning and Zoning Page 2 of 2 Case ##: PZ2021-226 Printed On: 7/28/2021 FA UST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO(@FAUSTENG.CO M 5550 Eastex Freeway, Suite 0 Beaurnont, Texas 77708 Surveying Firm No. 10002400 Engineering Firm No. F-4800 July .14, 2021 Board of Adjustments City of Beaumont 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: 885 Powell Street, Beaumont, Beaumont Telephone (409) 813-3410 Fax (409) 813-3484 Our firm was engaged to provide surveys of the above -referenced properties. Upon completion of our work, we found that the structure located at 885 Powell Street overlapped the east line of the 890 Jackson Street property. In order to resolve the boundary conflict, we are proposing a minor plat to relocate the boundary line between the 2 structures, which would require us to reduce the side setback line and the minimum frontage requirement for 885 Powell Street. Attached is a drawing which shows the proposed boundary line, the requested reduction ht the side setback line, and the reduction in the minimum frontage for 885 Powell Street. Thank you for your consideration of these items. If you have any questions, I may be reached by telephone at 409-813-3410. For The Firm, Of ST % Y Aj) .......................... RICHARD F. FAUST ....................... Np 4782 i�s S Richard F. Faust, President SUB Faust Engineering and Surveying, Inc. SURVEY LEGEND —E--E`—EtEClRIC LINE CONCRETE SURFACE SWUMING POOL E] A. C. AIR COND1170NIIVG UNIT =W0O FENCE —PL—PL— PIPELINE COVERED AREA DITCH 0 P. P. POWER POLE CHAIN LINK fF?ICE —T—T— TELEPHONE LJNE ROCK OR GRAVEL LAW X smEwcHr —X—BARBED WIRE FENCE N SCALE. I' = JO' S 02*,5948" E 10. 86'----,l (CALLED SOUTH) —E—E� FOUND 112 " - RE AR Q) C) POWELL STREET #885 S 86 *43'00 " W S 862'9'18" W 50. 00' 48, 11' EDGE OF LL-"L ASPHALT —E ......... W—t ROAD COVD ODD CONC WALK CONC Q) CONC TWO STORY Lij WOOD FRAME A RESIDENC ON A.C. ON CONC SLAB CONC cN, Q) COVID CONC lal+ V/Zl C4 CONC . *1 11410]6" E 50. 00' #890 CNE STORY W FRAME RESIDENCE N 7 ON BLOCKS EAR WA 7ER I CLOSET CONC STEPS CONC WALK N 86'29'18" E 49.19' A CKSON S TREE T BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE OF 141?2 'OUTH rPAITPAI 7nAfF AIVn APF RAqFt) nAl THE AMM File PZ2021-226: To consider a request for a Special Exception to the i-nininium side and setback requirement where nonconforming buildings were in existence at the time of passage of the ordinance in an RM-H (Residential Multiple -Family Dwelling —Highest Density) District. Applicant: Richard Faust 0 100 200 Location: 885 Powell Street I I I ► Feet